[Introduced January 23, 2012; referred to the Committee on the
Judiciary.]

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A BILL to amend and reenact §55-2-21 of the Code of West Virginia,
1931, as amended, relating to limitations of actions and
suits; and reducing the number of defendants named in the
beginning of a lawsuit by tolling the statute of limitations
against all tortfeasors upon filing direct claims against
tortfeasors.

Be it enacted by the Legislature of West Virginia:

That §55-2-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

After a civil action is commenced, the running of any statute
of limitation shall be tolled for, and only for, the pendency of
that civil action as to any claim which has been or may be asserted
therein by direct claim against all tortfeasors, counterclaim,
whether compulsory or permissive, cross-claim or third-party
complaint: Provided, That if any such permissive counterclaim
would be barred but for the provisions of this section, such
permissive counterclaim may be asserted only in the action tolling
the statute of limitations under this section. This section shall
be deemed to toll the running of any statute of limitation with
respect to any claim for which the statute of limitation has not
expired on the effective date of this section, but only for so long
as the action tolling the statute of limitations is pending.

NOTE: The purpose of this bill is to reduce the number of
defendants named in the beginning of a lawsuit by tolling the
statute of limitations against all tortfeasors upon filing.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.